§ 79.2   Accessibility of programming providing emergency information.

   (a) Definitions. (1) For purposes of this section, the definitions in § § 79.1
   and 79.3 apply.

   (2) Emergency information. Information, about a current emergency, that is
   intended to further the protection of life, health, safety, and property,
   i.e., critical details regarding the emergency and how to respond to the
   emergency. Examples of the types of emergencies covered include tornadoes,
   hurricanes, floods, tidal waves, earthquakes, icing conditions, heavy snows,
   widespread fires, discharge of toxic gases, widespread power failures,
   industrial explosions, civil disorders, school closings and changes in
   school  bus schedules resulting from such conditions, and warnings and
   watches of impending changes in weather.

   Note to paragraph (a)(2): Critical details include, but are not limited to,
   specific details regarding the areas that will be affected by the emergency,
   evacuation orders, detailed descriptions of areas to be evacuated, specific
   evacuation routes, approved shelters or the way to take shelter in one's
   home, instructions on how to secure personal property, road closures, and
   how to obtain relief assistance.

   (b)  Requirements for accessibility of programming providing emergency
   information.

   (1) Video programming distributors must make emergency information, as
   defined in paragraph (a) of this section, that is provided in the audio
   portion of the programming accessible to persons with hearing disabilities
   by  using a method of closed captioning or by using a method of visual
   presentation, as described in § 79.1.

   (2) Video programming distributors and video programming providers must make
   emergency  information,  as  defined in paragraph (a) of this section,
   accessible as follows:

   (i) Emergency information that is provided visually during a regularly
   scheduled newscast, or newscast that interrupts regular programming, must be
   made accessible to individuals who are blind or visually impaired; and

   (ii) Emergency information that is provided visually during programming that
   is neither a regularly scheduled newscast, nor a newscast that interrupts
   regular programming, must be accompanied with an aural tone, and beginning
   May 26, 2015 except as provided in paragraph (b)(6) of this section, must be
   made accessible to individuals who are blind or visually impaired through
   the use of a secondary audio stream to provide the emergency information
   aurally. Emergency information provided aurally on the secondary audio
   stream must be preceded by an aural tone and must be conveyed in full at
   least twice. Emergency information provided through use of text-to-speech
   (“TTS”)  technologies  must  be  intelligible and must use the correct
   pronunciation of relevant information to allow consumers to learn about and
   respond  to the emergency, including, but not limited to, the names of
   shelters, school districts, streets, districts, and proper names noted in
   the  visual  information.  The  video programming distributor or video
   programming provider that creates the visual emergency information content
   and adds it to the programming stream is responsible for providing an aural
   representation of the information on a secondary audio stream, accompanied
   by  an  aural tone. Video programming distributors are responsible for
   ensuring  that  the  aural representation of the emergency information
   (including the accompanying aural tone) gets passed through to consumers.

   (3)  This rule applies to emergency information primarily intended for
   distribution to an audience in the geographic area in which the emergency is
   occurring.

   (4) Video programming distributors must ensure that emergency information
   does not block any closed captioning and any closed captioning does not
   block  any  emergency  information provided by means other than closed
   captioning.

   (5) Video programming distributors and video programming providers must
   ensure  that  aural  emergency information provided in accordance with
   paragraph (b)(2)(ii) of this section supersedes all other programming on the
   secondary  audio stream, including video description, foreign language
   translation, or duplication of the main audio stream, with each entity
   responsible only for its own actions or omissions in this regard.

   (6) Beginning July 10, 2017, multichannel video programming distributors
   must ensure that any application or plug-in that they provide to consumers
   to access linear programming on tablets, smartphones, laptops, and similar
   devices  over  the  MVPD's network as part of their multichannel video
   programming distributor services is capable of passing through to consumers
   an  aural  representation  of the emergency information (including the
   accompanying aural tone) on a secondary audio stream.

   (c) Complaint procedures. A complaint alleging a violation of this section
   may be transmitted to the Consumer and Governmental Affairs Bureau by any
   reasonable means, such as the Commission's online informal complaint filing
   system, letter, facsimile transmission, telephone (voice/TRS/TTY), Internet
   email, audio-cassette recording, and Braille, or some other method that
   would best accommodate the complainant's disability. The complaint should
   include  the  name  of  the video programming distributor or the video
   programming provider against whom the complaint is alleged, the date and
   time of the omission of emergency information, and the type of emergency.
   The Commission will notify the video programming distributor or the video
   programming provider of the complaint, and the distributor or the provider
   will reply to the complaint within 30 days.

   [ 65 FR 26762 , May 9, 2000, as amended at  65 FR 54811 , Sept. 11, 2000;  78 FR 31797 , May 24, 2013;  80 FR 39714 , July 10, 2015]

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